Do we need authorization from our nephew’s father to adopt him since his father has not being taking responsibility for him?

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Do we need authorization from our nephew’s father to adopt him since his father has not being taking responsibility for him?

We have a nephew in Mexico and we want to arrange U.S. residence to him by

adoption. Nobody knows anything about his mother but his father has not been

responsible for him for a really long time. So we want to know if we would need some kind of authorization from his father to adopt him? On the side, his grandmother and grandfather have been the only ones taking responsability for him.

Asked on December 4, 2016 under Immigration Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It doesn't matter--from a legal perspective--whether his father has been taking care of him: until and unless he gives up his parental rights, you can't adopt his son. He is still legally the father. So yes: you did the father's authorization, the form of him giving up parental rights, since you cannot adopt someone who still has parents with parental rights.


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